Military Servants as Subjects of Administrative Offenses: General and Special in Understanding

Abstract

The article examines the peculiarities of the application of administrative responsibility to a special subject of the specified type of legal responsibility - a military serviceman. The norms of administrative-delict law and legislation of Ukraine are based on principles that are actually introduced into the national legal system of Ukraine and use the institution of substituting administrative responsibility with disciplinary responsibility. At the same time, changes made to the Code of Ukraine on Administrative Offenses testify to an ambiguous attitude to the institution of substitution in administrative tort law. Thus, the updated procedural norms of the administrative-delict legislation give authorized officials the right to draw up protocols on administrative offenses against military personnel, which indicates the removal from the list of exceptions among subjects who do not bear administrative responsibility on a general basis - military personnel. At the same time, the general principles of the Code of Ukraine on administrative offenses state that military personnel may be subject to administrative liability in exceptional cases. Such an approach reveals an ambiguous perception of the substitute. At the same time, the institution of the substitute acquires an ambiguous functional meaning, when administrative responsibility is replaced by disciplinary responsibility, and disciplinary proceedings and its elements, as components of disciplinary responsibility, can be replaced by elements of the administrative-jurisdictional (administrative-delict) process, in particular, evidence in disciplinary proceedings can be collected in accordance with the norms procedural administrative-delict legislation and, thus, be legalized in disciplinary proceedings. Key words: administrative responsibility, disciplinary responsibility, substitute, military serviceman.